KARACHI: The Sindh High Court on Friday noted that the state cannot dispossess any person of immovable property without due process of law.
A two-judge constitutional bench of the SHC comprising Justice Adnan-ul-Karim Memon and Justice Zulfiqar Ali Sangi ordered a joint demarcation of right of way (ROW) along the M-9 motorway after claims of private ownership and dispossession threat without acquisition.
The court ruled that if any portion of privately owned land was found within the ROW and not acquired yet, the National Highway Authority must initiate acquisition proceedings strictly in accordance with law.
The bench also directed the authorities concerned to remove encroachments from greenbelts and service roads along the M-9 motorway (formerly Superhighway).
Bench directs authorities to remove encroachments along M-9 motorway
It further directed an implementation committee, already constituted by the chief secretary of Sindh under the chairmanship of commissioner of Karachi, to ensure removal of encroachments along the M-9 route and prevent reoccurrence of the same to monitor the compliance and file quarterly reports to the registrar of the SHC.
The SHC issued these directives while disposing of a set of petitions mainly related to land disputes around M-9, illegal encroachments, unauthorised commercialisation of greenbelts and services lanes, questioning the authority of the NHA to establish ancillary facilities along motorway.
The bench noted that the width of ROW (670 feet) was asserted to have been determined under the West Pakistan Highways Ordinance, 1959 and the NHA was competent to develop ancillary facilities including bus bays, petrol pumps and commuters’ facilitation centres within land lawfully vested in it.
However, it also observed that such land must be legally acquired and notified ROW, and no private property was utilised without acquisition and compensation and environmental approvals as well as zoning regulations be complied with to set up such facilities.
Such development cannot defeat the essential character of greenbelts or services roads and the Sindh Environmental Protection Agency must verify the environmental approvals for ancillary facilities, it added.
The bench further said that various petitioners claimed ownership of private land and alleged interference with ingress and egress or threat of dispossession without acquisition.
It stated that the claims of private ownership must be established through an authenticated demarcation to be conducted by revenue authorities in the presence of all stakeholders.
“It is a cardinal principle that even the state cannot dispossess a person from immovable property except through due process of law. Where land is claimed to form part of ROW but remains privately owned and not acquired, the authority must initiate acquisition proceedings before utilising the same”, it added.
The bench also noted that greenbelts were reserved for environmental protection, traffic safety and urban planning and cannot be converted into commercial use without lawful reclassification.
It said that any construction upon greenbelts or service roads outside the legally notified ROW must be removed forthwith by the deputy commissioner concerned and if ancillary facilities were set up within ROW, the NHA must produce approved layout plans and environmental clearances.
The bench further noted that the reported construction on a drain outside New Fruit Market raised grave public safety concerns and directed the commissioner to ensure immediate inspection and remove the same in 30 days if construction was found obstructing drainage flow.
The SHC also ordered joint demarcation of ROW within 60 days and said that if private land was required for highway purposes, acquisition proceedings must be initiated under the Land Acquisition Act, 1894 before utilisation.
Published in Dawn, February 28th, 2026
